Gambling v. State

Appellant was convicted of the offense of “assault with intent to murder.” The crime charged was shown to have been committed on July 4, 1920. The indictment upon which appellant was put to trial was found by the grand jury on March 4, 1926. Prosecutions for offenses of this nature must be begun within three years next after their commission, else they are barred. Code 1923, § 4930. And it is unnecessary for a defendant to file a special plea of the statute of limitations.

In this case it was shown that an affidavit was made before, and a warrant issued by, one Williamson, a justice of the…